Tuesday, August 23, 2005

Score 1 for the kids AND parents!

So I was reading the news today. The California Supreme Court was weighing a case I had been following and finally rendered it's decision. The decision involves kids and parents. It centered on mainly the right of a child to be supported by both parents financially in the event of a split, and more importantly what defines "parent".

In this case, the parents happen to be lesbians. The ruling came packaged around 3 cases. One where a couple separated after having a child. One where one partner donated an ova to the other and they agree to raise them jointly (meaning is the surrogate mother in this case actually a parent?), and one where one woman in the particular relationship cannot invalidate a declaration of parental rights made with her partner after splitting up.

The court ruled in case 1 that when one partner actively assisted in the other becoming pregnant with the understanding that they would raise the children together must provide financial support and ordered her to pay child support after the couple separated. The court held that a biological link is not needed to settle parenthood if a child is conceived by artificial insemination.

In case 2, it was deemed that BOTH women are a parent to the child born of the donated ova. The court ruled that: In such cases, parental rights and responsibilities cannot be waived.

In case 3, the court ruled a woman may not invalidate a declaration of parental rights made with her partner. That would be unfair to their child and ''contravene public policy favoring that a child has two parents rather than one,"

ROCK THE FRICK ON! In an era where gays and lesbians are fighting so hard for equal standing under the law, these rulings are a step in the right direction. Not just in protection of the child and it's welfare, but also in holding people accountable for the decisions and commitments they made in the conception of this new life.

What pisses me off (come on you knew it was coming) is if you are part of the "minority" community and you are fighting for equal standing under the law regarding anti-discrimination on basis of sexual orientation and the right to marry, how can you then say to your now ex-spouse - let's face it a majority of lesbians and gays in a committed long term relationship will tell you that if they had the right to marry they would - "that child is not biologically mine so adios!". How much of a hypocrite can you be?!?!?

Before you get up on your high horse talking about straight couples and father's not being responsible for supporting a child that isn't biologically their's, think about it first. We are talking about lesbians and gays. Right now there is not a biological way for two women, or 2 men for that matter, to have a child which is each genetically half of each of them. Trust me if they could do that, the ones that want kids would be first in line. And I can say with some level of certainty that these couples would be there too.

If you talk the talk, walk the walk. Take care of your child! And be a parent for chrissake!

The rulings not only holds people accountable for their decisions but also legally validates all those gay and lesbian couples who have known for so long the reality that: gender is not a barrier to being a parent in a relationship. Children benefit from 2 parents. I am not saying that single parents aren't fit or the child is bereft of a decent childhood, so don't even go there. I am simply saying that now a step forward has been made in recoginizing that a family doesn't have to be Mommy and Daddy. It can be Mommy and Mommy or Daddy and Daddy too.

1 comment:

Anonymous said...

Woohoo! Love those blue states, now if we can get a reasonable supreme court decisions like these can be upheld and the rights of gay and lesbians will just get better and better.